Fill - Free fillable Temporary Event Notice (Rochdale Metropolitan Borough Council) PDF form

Temporary Event Notice

Before completing this notice, please read the guidance notes at the end of the notice. If you are

completing this notice by hand, please write legibly in block capitals. In all cases, ensure that

your answers are inside the boxes and written in black ink or typed. Use additional sheets if

necessary. You should keep a copy of the completed notice for your records. You must send at

least one copy of this notice to the licensing authority and additional copies must be sent to the

chief officer of police and the local authority exercising environmental health functions for the

area in which the premises are situated. The licensing authority will give to you written

acknowledgement of the receipt of the notice.

I, the proposed premises user, hereby give notice under section 100 of the Licensing Act 2003 of

my proposal to carry on a temporary activity at the premises described below.

1. The personal details of premises user (Please read note 1)

1. Your name

Title

Mr Mrs Miss Ms Other (please state)

Surname

Forenames

2. Previous names (Please enter details of any previous names or maiden names, if applicable.

Please continue on a separate sheet if necessary)

Title

Mr Mrs Miss Ms Other (please state)

Surname

Forenames

3. Your date of birth

Day

Month

Year

4. Your place of birth

5. National Insurance Number

6. Your current address (We will use this address to correspond with you unless you complete

the separate correspondence box below)

Post town

Postcode

7. Other contact details

Telephone numbers

Daytime

Evening (optional)

Mobile (optional)

Fax number (optional)

E-Mail address

(if available)

8. Alternative address for correspondence (If you complete the details below, we will use this

address to correspond with you)

Post town

Postcode

9. Alternative contact details (if applicable)

Telephone numbers:

Daytime

Evening (optional)

Mobile (optional)

Fax number (optional)

E-Mail address

(if available)

2. The premises

Please give the address of the premises where you intend to carry on the licensable activities or,

if it has no address, give a detailed description (including the Ordnance Survey references)

(Please read note 2)

Does a premises licence or club premises certificate have effect in relation to the premises (or

any part of the premises)? If so, please enter the licence or certificate number below.

Premises licence number

Club premises certificate number

If you intend to use only part of the premises at this address or intend to restrict the area to

which this notice applies, please give a description and details below. (Please read note 3)

Please describe the nature of the premises below. (Please read note 4)

Please describe the nature of the event below. (Please read note 5)

3. The licensable activities

Please state the licensable activities that you intend to carry on at the premises (please tick all

licensable activities you intend to carry on). (Please read note 6)

The sale by retail of alcohol

The supply of alcohol by or on behalf of a club to, or to the order of, a member of the

club

The provision of regulated entertainment

The provision of late night refreshment

Are you giving a late temporary event notice? (Please read note 7)

Please state the dates on which you intend to use these premises for licensable

activities. (Please read note 8)

Please state the times during the event period that you propose to carry on licensable activities

(please give times in 24 hour clock). (Please read note 9)

Please state the maximum number of people at any one time that you intend to allow to be

present at the premises during the times when you intend to carry on licensable activities,

including any staff, organisers or performers. (Please read note 10)

If the licensable activities will include the supply of alcohol, please state

whether the supplies will be for consumption on or off the premises, or both

(please tick as appropriate). (Please read note 11)

On the

premises

only

Off the

premises

only

Both

Please state if the licensable activities will include the provision of relevant entertainment. If so,

please state the times during the event period that you propose to provide relevant entertainment.

(please read note 12)

4. Personal licence holders (Please read note 13)

Do you currently hold a valid personal licence?

(Please tick)

Yes

If “Yes” please provide the details of your personal licence below.

Issuing licensing authority

Licence number

Date of issue

Date of expiry

Any further relevant details

5. Previous temporary event notices you have given (Please read note 14 and tick the boxes that

apply to you)

Have you previously given a temporary event notice in respect of any premises for

events falling in the same calendar year as the event for which you are now giving

this temporary event notice?

Yes

If answering yes, please state the number of temporary event notices (including the

number of late temporary event notices, if any) you have given for events in that

same calendar year

Have you already given a temporary event notice for the same premises in which

the event period:

a) ends 24 hours or less before; or

gins 24 hours or less after

the event period proposed in this notice?

Yes

6. Associates and business colleagues (Please read note 15 and tick the boxes that apply to you)

Has any associate of yours given a temporary event notice for an event in the same

calendar year as the event for which you are now giving a temporary event notice?

Yes

If answering yes, please state the total number of temporary event notices

(including the number of late temporary event notices, if any) your associate(s)

have given for events in the same calendar year.

Has any associate of yours already given a temporary event notice for the same

premises in which the event period:

a) ends 24 hours or less before; or

gins 24 hours or less after

the event period proposed in this notice?

Yes

Has any person with whom you are in business carrying on licensable activities

given a temporary event notice for an event in the same calendar year as the event

for which you are now giving a temporary event notice?

Yes

If answering yes, please state the total number of temporary event notices

(including the number of late temporary event notices, if any) your business

colleague(s) have given for events in the same calendar year.

Has any person with whom you are in business carrying on licensable activities

already given a temporary event notice for the same premises in which the event

period:

a) ends 24 hours or less before; or

gins 24 hours or less after

the event period proposed in this notice?

Yes

7. Checklist (Please read note 16)

I have: (Please tick the appropriate boxes)

Sent at least one copy of this notice to the licensing authority for the area in which the

premises are situated

Sent a copy of this notice to the chief officer of police for the area in which the premises

are situated

Sent a copy of this notice to the local authority exercising environmental health functions

for the area in which the premises are situated

If the premises are situated in one or more licensing authority areas, sent at least one copy

of this notice to each additional licensing authority

If the premises are situated in one or more police areas, sent a copy of this notice to each

additional chief officer of police

If the premises are situated in one or more local authority areas, sent a copy of this notice

to each additional local authority exercising environmental health functions

Made or enclosed payment of the fee for the application

Signed the declaration in Section 9 below

8. Condition (Please read note 17)

It is a condition of this temporary event notice that where the relevant licensable activities

described in Section 3 above include the supply of alcohol that all such supplies are made by or

under the authority of the premises user.

9. Declarations (Please read note 18)

The information contained in this form is correct to the best of my knowledge and belief.

I understand that it is an offence:

(i) to knowingly or recklessly make a false statement in or in connection with this temporary event

notice and that a person is liable on summary conviction for such an offence to a fine not

exceeding level 5 on the standard scale; and

(ii) to permit an unauthorised licensable activity to be carried on at any place and that a person is

liable on summary conviction for any such offence to a fine not exceeding £20,000, or to

imprisonment for a term not exceeding six months, or to both.

Signature

Date

Name of

Person

signing

For completion by the licensing authority

10. Acknowledgement (Please read note 19)

I acknowledge receipt of this temporary event notice.

Signature

On behalf of the licensing authority

Date

Name of

Officer signing

NOTES

General

In these notes, a person who gives a temporary event notice is called a “premises user”.

The police and local authority exercising environmental health functions may intervene on the

grounds of any of the four licensing objectives (the prevention of crime and disorder, public

safety, the prevention of public nuisance, and the protection of children from harm) to prevent the

occurrence of an event at which permitted temporary activities are to take place or to agree a

modification of the arrangements for such an event. However, the licensing authority will

intervene of its own volition in the cases described below.

First, it will issue a counter notice if there is an objection to a late temporary event notice (see note

7 below).

Secondly, it may issue a notice in relation to its decision to impose conditions on a temporary

event notice (see note 2 below).

Thirdly, it will issue a counter notice if the first, second, third and fifth of the limits set out below

would be exceeded. If any of the limits below are breached or if a counter notice has been issued,

any licensable activities taking place would be unauthorised and the premises user would be liable

to prosecution. The limitations apply to:

•

the number of times a person may give a temporary event notice (50 times

per year for a personal licence holder and 5 times per year for other people);

•

the number of times a person may give a late temporary event notice (10

times per year for a personal licence holder and 2 times per year for other

people);

•

the number of times a temporary event notice may be given in respect of

any particular premises (15 times in a calendar year);

•

the length of time a temporary event may last for these purposes (168 hours

or 7 days);

•

the maximum aggregate duration of the periods covered by temporary event

notices at any individual premises (21 days per calendar year); and

•

the scale of the event in terms of the maximum number of people attending

at any one time (a maximum of 499).

For the purposes of determining the overall limits of 50 temporary event notices per personal

licence holder (in a calendar year) and of 5 for a non-personal licence holder (in a calendar year),

temporary event notices given by an associate or a person who is in business with a premises user

(and that business involves carrying on licensable activities) count towards those totals. The limits

applying to late temporary event notices are included within the overall limits applying to the total

number of temporary event notices. Note 15 below sets out the definition of an “associate”.

When permitted temporary activities take place, a premises user must ensure that either:

•

a copy of the temporary event notice is prominently displayed at the

premises; or

•

the temporary event notice is kept at the premises either in his own custody

or in the custody of a person present and working at the premises and whom

he has nominated for that purpose.

Where the temporary event notice is in the custody of a nominated person, a notice specifying that

fact and the position held by that person must be displayed prominently at the premises.

Where the temporary event notice or a notice specifying the nominated person is not displayed, a

constable or an authorised person (for example, a licensing officer, fire officer or environmental

health officer) may require the premises user to produce the temporary event notice for

examination. Similarly, where the nominated person has the temporary event notice in his custody,

a constable or authorised person may require that person to produce it for examination. Failure to

produce the temporary event notice without reasonable excuse would be an offence.

It should also be noted that the following, among other things, are offences under the Licensing

Act 2003:

•

the sale or supply of alcohol to children under 18 years of age (maximum

fine on conviction is a fine not exceeding level 5 on the standard scale,

currently £5,000);

•

allowing the sale of alcohol to children under 18 (maximum fine on

conviction is a fine not exceeding level 5 on the standard scale, currently

£5,000);

•

knowingly allowing the consumption of alcohol on the premises by a person

aged under 18 (maximum fine on conviction is a fine not exceeding level 5

on the standard scale, currently £5,000);

•

allowing disorderly behaviour on the premises (maximum fine on

conviction is a fine not exceeding level 3 on the standard scale, currently

£1,000);

•

the sale of alcohol to a person who is drunk (maximum fine on conviction is

a fine not exceeding level 3 on the standard scale, currently £1,000);

•

obtaining alcohol for a person who is drunk (maximum fine on conviction is

a fine not exceeding level 3 on the standard scale, currently £1,000);

•

knowingly allowing a person aged under 18 to make any sale or supply of

alcohol unless the sale or supply has been specifically approved by the

premises user or any individual aged 18 or over who has been authorised for

this purpose by the premises user (maximum fine on conviction is a fine not

exceeding level 1 on the standard scale, currently £200); and

•

knowingly keeping or allowing to be kept on the premises any smuggled

goods which have been imported without payment of duty or which have

otherwise been unlawfully imported (maximum fine on conviction is a fine

not exceeding level 3 on the standard scale, currently £1,000).

In addition, where the premises are to be used primarily or exclusively for the sale or supply of

alcohol for consumption on the premises, it is an offence to allow children under 16 to be present

when the premises are open for that purpose unless they are accompanied by an adult. In the case

of any premises at which sales or supplies of alcohol are taking place at all, it is an offence for a

child under 16 to be present there between the hours of midnight and 5am unless accompanied by

an adult. In both instances, the penalty on conviction is a fine not exceeding level 3 on the

standard scale, currently £1,000.

Note 1

A temporary event notice may only be given by an individual and not, for example, by an

organisation or club or business. The individual giving the notice is the proposed “premises user”.

Within businesses, clubs or organisations, one individual will therefore need to be identified as the

proposed premises user.

If you include an e-mail address in section 1(7) or 1(9), the licensing authority may send to this the

acknowledgement of receipt of your notice or any notice or counter notice it is required to give

under sections 104A, 106A or 107 of the Licensing Act 2003.

Note 2

For the purposes of the Licensing Act 2003, “premises” means any place. Premises will therefore

not always be a building with a formal address and postcode. Premises can include, for example,

public parks, recreation grounds and private land.

If a premises licence or club premises certificate has effect in relation to the premises (or any part

of the premises) which you want to use to carry on licensable activities, it is possible that any

conditions which apply to the licence or certificate may be imposed on the temporary event notice

if certain pre-conditions are met. These pre-conditions are that the police or the local authority

exercising environmental health functions object to the notice and the licensing authority decides:

• not to give a counter notice under section 105 of the Licensing Act 2003;

• the conditions apply to the licence or certificate; and

• the imposition of the conditions on the notice would not be inconsistent with the carrying

on of the licensable activities under the notice.

Note 3

A temporary event notice can be given for part of a building, such as a single room or a plot within

a larger area of land. You should provide a clear description of the area in which you propose to

carry on licensable activities. This is important as any licensable activities conducted outside the

area of the premises protected by the authority of this temporary event notice would be unlawful

and could lead to prosecution.

In addition, when holding the proposed event, the premises user would need to be able to restrict

the number of people on the premises at any one time when licensable activities are taking place to

less than 500. If more than 499 are on the premises when licensable activities are being carried

on, the licensable activities would be unlawful and the premises user would be liable to

prosecution. The maximum figure of 499 includes, for example, staff, organisers, stewards and

performers.

Note 4

A description of the nature of the premises assists the chief officer of police and local authority

exercising environmental health functions in deciding if any issues relating to the licensing

objectives are likely to arise. You should state clearly that the premises to be used are, for

example, a public house, a restaurant, an open field, a village hall or a beer tent.

Note 5

A description of the nature of the event similarly assists the chief officer of police and local

authority exercising environmental health functions in making a decision as to whether or not to

make an objection. You should state clearly that the event taking place at the premises would be,

for example, a wedding with a pay bar, the supply of beer at a particular farmers’ market, a

discotheque, the performance of a string quartet, a folk group or a rock band.

Note 6

The licensable activities are:

the sale by retail of alcohol;

the supply of alcohol by or on behalf of a club to, or to the order of, a member of a club;

the provision of regulated entertainment; and

the provision of late night refreshment.

Please refer to Schedules 1 and 2 to the Licensing Act 2003 for fuller details of the definitions and

exemptions relating to regulated entertainment and late night refreshment.

Regulated entertainment, subject to specified conditions and exemptions, includes:

(a) a performance of a play;

(b) an exhibition of a film;

(d) a boxing or wrestling entertainment;

(e) a performance of live music;

(f) any playing of recorded music;

(g) a performance of dance; and

(h) entertainment of a similar description to that falling within (e), (f) or (g).

If you are uncertain whether or not the activities that you propose are licensable, you should

contact your licensing authority for further advice.

Note 7

Late notices can be given no later than 5 working days but no earlier than 9 working days before

the event in relation to which the notice is given. A late notice given later than 5 working days

before the event to which it relates will be returned as void and the activities described in it will

not be authorised.

The number of late notices that can be given in any one calendar year is limited to 10 for personal

licence holders and 2 for non-personal licence holders. These count towards the total number of

temporary event notices (i.e. 50 temporary event notices per year for personal licence holders and

5 temporary event notices for non-personal licence holders).

If there is an objection from either the police or local authority exercising environmental health

functions, the event will not go ahead and a counter notice will be issued.

Note 8

The maximum period for using premises for licensable activities under the authority of a

temporary event notice is 168 hours or seven days.

Note 9

You should state here the times during the event period, for example 48 hours, when you intend to

carry on licensable activities. For example, you may not intend to carry on licensable activities

throughout the entire 48 hour event period, and may intend to sell alcohol between 8.00 hrs and

23.00 hrs on each of the two days.

Note 10

No more than 499 may be on the premises for a temporary event at any one time when licensable

activities are being carried on. If you intend to have more than 499 attending the event, you

should obtain a premises licence for the event. Your licensing authority should be able to advise

you. The maximum figure of 499 includes not only the audience, spectators or consumers but

also, for example, staff, organisers, stewards and performers who will be present on the premises.

Note 11

If you indicate that alcohol will be supplied only for consumption on the premises, you would be

required to ensure that no person leaves the premises with alcohol supplied there. If such a supply

takes place, the premises user may be liable to prosecution for carrying on an unauthorised

licensable activity. Similarly, if the premises user gives notice that only supplies of alcohol for

consumption off the premises will take place, he/she must ensure that alcohol supplied is not

consumed on the premises. The premises user is free to give notice that he/she intends to carry on

both types of supplies. For this purpose, the supply of alcohol includes both of the first two

licensable activities listed in note 6 above.

Note 12

Relevant entertainment is defined in the Local Government (Miscellaneous Provisions) Act 1982

(“the 1982 Act”) as any live performance or any live display of nudity which is of such a nature

that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally

for the purpose of sexually stimulating any member of the audience (whether by verbal or other

means). Relevant entertainment therefore includes, but is not limited to, lap dancing and pole

dancing.

The 1982 Act requires premises which provide relevant entertainment to be licensed under that

Act for this purpose. Premises at which there have not been more than eleven occasions on which

such entertainment has been provided within a period of 12 months, no such occasion has lasted

for more than 24 hours and there has been a period of at least one month between each such

occasion are exempt from the requirement to obtain a licence under the 1982 Act. Such premises

are likely instead to require an authorisation under the Licensing Act 2003 to be used for such

activities as these are a licensable activity (the provision of regulated entertainment – see note 6

above). A temporary event notice may be given for this purpose.

Note 13

The holder of a valid personal licence issued under the Licensing Act 2003 may give up to 50

temporary event notices in any calendar year subject to the other limitations in the 2003 Act. A

proposed premises user who holds such a licence should give the details requested.

Note 14

As stated under Note 13, a personal licence holder (issued under the Licensing Act 2003) may

give up to 50 temporary event notices (including 10 late notices) in any calendar year. An

individual who does not hold a personal licence may only give 5 temporary event notices

(including 2 late notices) in England and Wales in any calendar year. A calendar year is the

period between 1st January to 31st December inclusive in any year.

If an event straddles two calendar years, it will count against the limits on temporary event notices

(15 for each premises, 21 days for each premises, 50 per personal licence holder and 5 for non-

holders) for each year. However, only one notice needs to be given.

For the purposes of determining the overall limits of 50 temporary event notices per personal

licence holder (in a calendar year) and of 5 for a non-personal licence holder (in a calendar year),

temporary event notices given by an associate or a person who is in business with a premises user

(and that business involves carrying on licensable activities) count towards those totals. Note 14

below sets out the definition of an “associate”.

If a temporary event notice has been given for the same premises, by the same premises user, and

would have effect within 24 hours before the start of the event period under the current proposal or

within 24 hours after the end of that period, the temporary event notice given would be void and

any licensable activities carried on under it would therefore be unlicensed.

For the purposes of determining whether or not the required gap of 24 hours is upheld, temporary

event notices given by an associate or a person who is in business with a premises user (and that

business involves carrying on licensable activities) count as if they had been given by the premises

user. Note 15 below sets out the definition of an “associate”.

Note 15

An “associate” of the proposed premises user is:

(a) the spouse or civil partner of that person;

(b) a child, parent, grandchild, grandparent, brother or sister of that person;

(d) the spouse or civil partner of a person within (b) or (c).

For these purposes, a person living with another as that person’s husband or wife is to be treated as

that person’s spouse.

Note 16

It is a requirement that you send at least one copy of this notice to the licensing authority at least

ten working days (or five working days for a late notice) before the commencement of the

proposed licensable activities. The authority will give you written acknowledgement of the receipt

of the notice. This will be important proof that you gave the notice and when you gave it for the

purposes of the Act. Some premises may be situated in two licensing authority areas, for example,

where a building or field straddles the local authority boundary. Where this is the case, at least

one copy of the notice must be sent to each of the licensing authorities identified, together with the

appropriate fee in each case. In such circumstances, you will receive acknowledgements from all

the relevant licensing authorities.

One copy must be sent to each of the chief officer of police and the local authority exercising

environmental health functions for the area in which the premises is situated at least ten working

days for a standard notice (or five working days for a late notice) before the commencement of the

proposed licensable activities. Where the premises are situated in two police areas or

environmental health areas, a further copy will need to be sent to the further police force and local

authority exercising environmental health functions.

Note 17

Under the Licensing Act 2003, all temporary event notices are given subject to a mandatory

condition requiring that where the licensable activities involve the supply of alcohol, all such

supplies must be made by or under the authority of the named premises user. If there is a breach

of this condition, the premises user and the individual making the supply in question would be

liable to prosecution. For this purpose, the supply of alcohol includes both of the first two

licensable activities listed in note 6 above.

Note 18

It is an offence knowingly or recklessly to make a false statement in, or in connection with, a

temporary event notice. (A person is to be treated as making a false statement if he produces,

furnishes, signs or otherwise makes use of a document that contains a false statement.) To do so

could result in prosecution and a fine not exceeding level 5 on the standard scale.

Note 19

You should not complete section 10 of the notice, which is for use by the licensing authority. It

may complete this section as one means of giving you written acknowledgement of its receipt of

the notice.

EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations amend the Licensing Act 2003 (Permitted Temporary Activities) (Notices)

Regulations 2005 (“the 2005 Regulations”). Their purpose is to prescribe the form of a temporary

event notice to replace the notice prescribed in the 2005 Regulations. The form of temporary

event notice now requires the premises user to provide information about the intended use of

premises for the provision of relevant entertainment (within the meaning of paragraph 2A of

Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).

An impact assessment has not been produced for this instrument as no impact on businesses,

charities, voluntary bodies or the public sector is foreseen.

Find out how we use your personal information at rochdale.gov.uk/privacy.

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